Chapter 16.20
TENTATIVE MAPS
Sections:
16.20.020 Tentative map form and content.
16.20.030 Compliance with the general plan and the development code.
16.20.040 Geotechnical, geologic, and soils report.
16.20.060 Determination of application completeness.
16.20.070 Tentative map distribution.
16.20.080 Time frames for action on tentative maps.
16.20.090 Findings of approval for tentative maps.
16.20.100 Tentative map procedures.
16.20.120 Expiration of a tentative map.
16.20.130 Extensions of time for tentative maps.
16.20.140 Modifications of tentative maps.
16.20.150 Effect of annexation on maps.
16.20.010 Applicability.
The procedures set forth in this chapter shall be applicable to tentative tract maps and tentative parcel maps, including subdivisions for condominium purposes. The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq. (Ord. 22-12 § 3 (Exh. A))
16.20.020 Tentative map form and content.
A. Before any tentative map, or request for extension of time of a tentative map, is accepted for filing, the subdivider shall file a completed application form on a city application designated for the specific request, pay all applicable fees, and submit the required tentative map in the appropriate format and quantity, as applicable, and all supporting materials and documents to the department, as shown on forms and applications provided by the department. The director may, from time to time, amend the official application form and the map submittal requirements. Tentative maps shall be prepared in a scale, form, and manner acceptable to the director and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn as required by the official application form.
B. The director may require other drawings, data, reports, or information deemed necessary to accomplish the purposes of the Subdivision Map Act, the California Environmental Quality Act (CEQA), the municipal code, and this title.
C. Except as provided in Section 16.40.050(A), the subdivider shall indicate the intent to submit phased final maps at the time of application for the tentative map, or prior to approval of the tentative map.
D. The subdivider should indicate the intent to request a parcel map waiver at the time of application for tentative map.
E. Vesting tentative maps shall conform to Chapter 16.25 (Vesting Tentative Maps).
F. For tentative maps for condominium purposes, each sheet of the map shall clearly state, at a minimum, “For Condominium Purposes.” (Ord. 22-12 § 3 (Exh. A))
16.20.030 Compliance with the general plan and the development code.
All divisions of land pursuant to this title shall conform to the city of San Jacinto general plan and to the provisions set forth in the development code for the zone in which the property to be divided is located at the time the application for the tentative map is determined complete. (Ord. 22-12 § 3 (Exh. A))
16.20.040 Geotechnical, geologic, and soils report.
A. Soils Report. The subdivider shall provide a preliminary soils report, based upon adequate subsurface exploration, test borings, and laboratory tests, with application of the tentative map or parcel map. In the event the preliminary soils report indicates the presence of collapsible or expansive soils, liquefaction, or other soil problems, which if not corrected could result in structural defects, a geotechnical investigation of each lot or parcel in the subdivision shall be undertaken, and a report shall be submitted recommending corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist. The subdivision or any portion thereof where such soils problems exist may be approved if it is determined that the recommended corrective action is likely to prevent structural damage to each structure to be constructed and that the issuance of any building permit shall be conditioned to include this recommended corrective action with the construction of each affected structure. The report may be waived if, in the exercise of his or her professional judgment, the city engineer finds that sufficient knowledge exists as to the qualities of the soils within the proposed subdivision.
B. Geologic and geotechnical reports shall be required, with application of the tentative map or parcel map, as directed by the city engineer or when a subdivision involves any of the following:
1. The subdivision is within any zone requiring special study by the State Geologist or the city engineer.
2. The subdivision proposes to dispose surface water through the use of dry wells or other subsurface facilities.
3. The site of the subdivision contains hillside areas where the existing gradient equals or exceeds twenty-five percent (25%).
4. The development of the subdivision requires excavation into bedrock.
C. Geotechnical, geologic, and soils reports, as required herein, shall be prepared by an engineer or geologist based on guidelines determined by the city engineer, as applicable, who is authorized or licensed to practice and prepare the reports by the state of California. Such reports shall be reviewed and approved by the city engineer. If public improvement plans or grading plans are required as part of the tentative map approval process, the review and approval of the geotechnical, geologic, or soils reports shall be required prior to approval of public improvement plans or grading plans. The city engineer may waive these requirements for parcel maps at his or her discretion, in the exercise of his or her professional judgment. The city engineer shall make a copy of all approved reports available to the public. (Ord. 22-12 § 3 (Exh. A))
16.20.050 Flood management.
Prior to approval of any tentative map or tentative parcel map, the subdivider shall demonstrate, to the satisfaction of the city engineer, that the design of the subdivision is such that it conforms with Chapter 15.40 (Floodplain Management). The city engineer may require studies, mapping, easements, design, and construction as part of the final map or parcel map processing to ensure that this requirement is met. Unless otherwise permitted by this title, no final map or parcel map shall be recorded if additional studies, engineering design, acquisition of easements, or construction of flood control facilities is required for issuance of any building permit for the subdivision. The city engineer shall make a copy of all approved studies available to the public. Such studies shall be prepared under the direction of a registered civil engineer. (Ord. 22-12 § 3 (Exh. A))
16.20.060 Determination of application completeness.
The director shall notify the applicant of its determination of completeness of the subdivision application in accordance with Government Code Section 65943. The applicant shall have the right to appeal a decision that an application is incomplete to the planning commission pursuant to Government Code Section 65943(c), through the appeal process set forth in Chapter 17.715 (Appeals). (Ord. 22-12 § 3 (Exh. A))
16.20.070 Tentative map distribution.
When a tentative map has been properly filed and the land divider has furnished the required number of copies and paid the required fee, the director shall determine which agencies will be affected by the proposed land division and forward to each one copy of the tentative map. (Ord. 22-12 § 3 (Exh. A))
16.20.080 Time frames for action on tentative maps.
A. The approving authority shall hold a public hearing on the map, and upon making all findings required in Section 16.20.090 (Findings of approval for tentative maps), shall approve or conditionally approve the tentative map. If such findings are not made, the approving authority shall deny the tentative map. The approving authority shall render a decision within fifty (50) days of certification of an environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from CEQA, in accordance with Government Code Sections 66452.1 and 66452.2.
B. The time frames noted above may be extended as provided by prevailing statutory law or court decisions.
C. In the event that action on a tentative map application is not taken in a timely manner and the application is deemed approved by operation of law, pursuant to Government Code Section 66452.4, the standard conditions of approval prepared by the city that are in effect at the time the application was deemed complete shall automatically be applied to the tentative map. (Ord. 22-12 § 3 (Exh. A))
16.20.090 Findings of approval for tentative maps.
Any tentative map shall be approved, or conditionally approved, only if all the following findings are made:
A. The proposed subdivision and the design and improvements of the subdivision is consistent with the development code, general plan, any applicable specific plan, and the San Jacinto Municipal Code.
B. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will be of an adequate size to sustain their agricultural use.
C. The site is physically suitable for the type and proposed density of development proposed by the tentative map.
D. The design of the subdivision and the proposed improvements, with conditions of approval, are either:
1. Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; or
2. An environmental impact report under which a finding has been made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report.
E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.
F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible.
G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided.
H. The subdivision is consistent with the city’s parkland dedication requirements (per the Quimby Act), as applicable, in accordance with Chapter 16.75 (Parkland Dedication and Fees). (Ord. 22-12 § 3 (Exh. A))
16.20.100 Tentative map procedures.
A. The designated approving authority as specified in Section 16.05.020 (Responsibilities and authorities) may approve or conditionally approve any tentative tract map if it can make the findings listed in Section 16.20.090 (Findings of approval for tentative maps), and may place reasonable conditions on filing of multiple final or parcel maps. In making findings in support of the approval or disapproval, the approving authority shall apply all applicable city standards in effect at the time the application was deemed complete; provided, however, that such other city standards which may be applicable under the provisions of Government Code Section 66474.2(b) and (c) shall also be applied.
B. The approving authority may deny a tentative map on any of the grounds set forth in the Map Act or this title, and shall deny the tentative map if it cannot make all of the findings listed in Section 16.20.090. (Ord. 22-12 § 3 (Exh. A))
16.20.110 Appeals.
A subdivider or any other interested party may appeal a decision of the director or the planning commission by using the procedures set forth in Chapter 17.715 (Appeals). (Ord. 22-12 § 3 (Exh. A))
16.20.120 Expiration of a tentative map.
An approved or conditionally approved tentative map shall expire thirty-six (36) months after its approval by the designated authority as outlined in Table 16.05.020-1. The expiration of an approved or conditionally approved map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included on the tentative map shall be filed without first processing a new tentative map. (Ord. 22-12 § 3 (Exh. A))
16.20.130 Extensions of time for tentative maps.
Notwithstanding Section 16.20.120 (Expiration of a tentative map), the initial thirty-six (36) month term of approved or conditionally approved tentative maps may be extended as follows:
A. Request by the Subdivider. Prior to the expiration of the tentative map, the subdivider may apply for an extension of time. The subdivider shall file with the department a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the city’s official application form, including, but not limited to, environmental analysis pursuant to CEQA.
B. Provided no changes are being requested by the subdivider, the director may approve one or more extensions of time up to thirty-six (36) months in addition to the original thirty-six (36) month expiration for a total of six years, and may impose additional conditions of approval on a future related action to maintain the public health, safety, and welfare and/or to comply with current city standards and ordinances, and state or federal requirements to the extent allowed by law; provided, that all of the findings required by Section 16.20.090 (Findings of approval for tentative maps) can be made.
C. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the project shall be reviewed in accordance with Section 16.20.140 (Modifications of tentative maps) and the city may require amendments to the tentative map or the conditions of approval.
D. If a subdivider is required to expend the amount specified in Government Code Section 66452.6 to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Government Code Section 66456.1 shall extend the expiration of the approved or conditionally tentative map by thirty-six (36) months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than ten (10) years from its date of original approval.
E. Request for time extensions must be filed with the department prior to the expiration of the map or any subsequent extensions. Retroactive time extensions (time extensions that have already expired) are prohibited unless specified by law or court order.
F. The period of time specified in Section 16.20.120, including any extension thereof granted pursuant to subsections A through D of this section, shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.
G. The period of time specified in Section 16.20.120, including any extension thereof granted pursuant to subsections A through D of this section, shall not include the period of time during which a lawsuit or challenge involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the city pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the city, the subdivider may apply to the city for a stay pursuant to the city’s adopted procedures. Within forty (40) days after receiving the application, the city shall either stay the time period for up to five years or deny the requested stay. (Ord. 22-12 § 3 (Exh. A))
16.20.140 Modifications of tentative maps.
A. Approved tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider, or by action initiated by the director or city engineer, pursuant to this section. The subdivider shall file an application with the department requesting that a determination be made regarding the project. The city shall respond within thirty (30) days with a determination that the application is complete or incomplete. Additional exhibits may be required at the discretion of the city.
B. Minor Modifications. Minor modifications to an approved or conditionally approved map shall be processed as follows:
1. Applicability. A minor modification includes changes that are consistent with the intent of the original map approval, do not affect off-site properties, and result in no violations of this title or the development code. The following modifications are considered minor:
a. Modifications to less than ten percent (10%) of the total number of lots in the subdivision; provided, that the basic design concept is retained and there is no increase in the total number of lots within the subdivision.
b. Modifications to the horizontal alignment of ten (10) feet or less, or vertical alignment of five feet or less, of any cul-de-sac or local or collector roadway when such modification does not affect off-site property and design integrity of the roadways.
c. Modifications to a condition of approval that is no longer appropriate or necessary.
d. Any other changes which in the opinion of the director do not involve substantial changes to the map or the conditions of approval and which do not affect off-site properties.
2. Review. Minor modifications are processed administratively without notice or public hearing.
C. Major Modifications. Major modifications to an approved or conditionally approved map shall be processed as follows:
1. Applicability. A major modification includes changes that exceed the thresholds listed in subsection B of this section.
2. Review.
a. The director shall make a written recommendation to the final approving authority for the approved or conditionally approved map. A public hearing notice shall be provided unless the original map approval did not previously require such a hearing.
b. The reviewing or approving authority may take action on the matter when it first appears on the agenda, or it may continue the matter with or without the consent of the subdivider.
D. The approval or conditional approval of any modified tentative map shall not be construed as extending the time within which the final map shall be filed unless such time extension is specifically granted by the approving authority upon application by the subdivider pursuant to Section 16.20.130 (Extensions of time for tentative maps).
E. Any other amendment not meeting the criteria as listed in subsection B or C of this section of an approved or conditionally approved map shall be processed as a revised map, following procedures set forth in this chapter for tentative map approval. (Ord. 22-12 § 3 (Exh. A))
16.20.150 Effect of annexation on maps.
When any area for which a subdivision or proposed subdivision subject to any tentative map, parcel map or final map has been filed but a tentative map or final map has not been approved, or for which a parcel map is required by this title but the final act required to make the parcel map effective has not been taken, is annexed to the city, the subdivider shall process all necessary applications and revise any portion of the map that is not in conformance with the city standards that were in effect as of the effective date of the annexation. The subdivider shall submit the required applications and/or make the necessary revisions within thirty-six (36) months of the effective date of the annexation, prior to expiration of the tentative map, or prior to complete and timely filing of a final map, whichever occurs first. The city may require the subdivider to attend a pre-application meeting with the director to determine the extent of any required modifications. Any tentative map that is not brought into conformance with the city’s policies, rules, and regulations that were in effect as of the effective date of the annexation in accordance with the time frame specified above will be considered expired, and no final map shall be processed by the city. (Ord. 22-12 § 3 (Exh. A))